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of the bureaus or offices of the Philippine government, provided that competent persons can thus be secured. The intention of the provision is stated to be "that the appointing power may by virtue hereof transfer from one office to another a person deemed competent to fill the vacancy." This provision is both the most novel and one of the most important of the act. Commenting upon it the board, in its annual report, says: "The provision for filling the higher bureau positions by promotion is an important and distinguishing feature of the Philippine civil service act. The Federal civil service law has no provision comparable with this, which invites and induces young men with excellent ability and training to enter the lower grades. It is an excellent exemplification of the merit system. It means a civil personnel above mediocrity and the establishing and maintaining of an efficient civil service in the Philippines." Of the influence of the act in securing and maintaining an efficient personnel there is but one opinion on the part of those in a position to judge. Thus the Philippine commission, in its last annual report, says: "The civil service law has been in operation since our last report, and we see no reason to change our conclusions as to the absolute necessity for its existence and strict enforcement. Without this law American government in these islands is, in our opinion, foredoomed to humiliating failure."

The act, as has been said, covers practically all positions except those filled by the civil governor, with the approval of the Philippine commission, and the few important positions appointments to which are.

made by the Federal authorities. In regard to these latter it should, moreover, be noted that the President and secretary of war have rigidly followed civil service principles in making their appointments, in all cases sole regard being had by them to securing the best talent possible for the positions to be filled without regard to political, personal or other influence. This policy is stated very strongly by Secretary Root, in his annual report as secretary of war for the fiscal year ending June 30, 1901. "In providing the personnel of the government, which is thus gradually superseding military administration," he writes, "the department has proceeded upon the assumption that the honor and credit of the United States is so critically involved in creating a good government, that the importance of securing the best men available should outweigh and practically exclude all other considerations. This principle has been followed without deviation. No officer, high or low, has been appointed upon any one's request, or upon any personal, social or political consideration." He then goes on to state that neither the secretary of war nor the President has interfered in any way to dictate to the Philippine commission persons to be employed by it.

These appointments made by the administration at Washington after the commission had entered upon the performance of its duties were those of the governor, vice-governor and members of the commission, who were appointed upon the recommendation. of the secretary of war; the auditor, deputy auditor and treasurer, appointed by the secretary of war; and the director-general of posts, appointed by the post

master general. By an order dated November 30, 1900, President McKinley directed. the United States civil service commission to co-operate with the civil service board of the Philippine Islands so that the former might take charge of examinations in the States for positions in the islands and to provide for a system of transfer from the insular to the Federal service, or vice versa. The rule of the Philippine board, however, is, wherever possible, to give the preference to native Filipinos, and after them to honorably discharged soldiers, sailors and marines of the United States.

Judicial System. The organization of courts of justice and the determination of the methods through which crime and disorder should be prevented and disputes adjusted was the first matter relative to civil administration that demanded the attention of the military authorities upon the occupation of Manila. Provost marshal courts were immediately created and the organization of purely civil courts not long delayed. A Supreme Court of nine judges, six of whom were Philippine lawyers of distinction, and three officers of the American army who had had legal experience, was established at Manila on May 29, 1899. A subordinate court and a justice of the peace court was likewise created for each of the four judicial districts of the city. As additional territory was occupied by the army, additional courts of first instance and of justices of the peace were created.

There was no idea that these courts would constitute a permanent system for the administration of

justice. They were intended merely as a temporary expedient to meet an immediate exigency. The Philippine commission, upon assuming its legislative powers, September 1, 1900, therefore, immediately applied itself to the problem of formulating a comprehensive judicial system that would offer a permanent solution of the question. This work was undertaken by Commissioner Ide in connection with the elaboration of a new code of civil procedure. After the completion of the first draft, these two acts were revised by President Taft and Commissioner Wright, and the other two members of the commission who had had a legal education. As thus revised they were printed in both the Spanish and English languages and given wide distribution among members of the bar and others whose judgment relative to them would be of value. They were then discussed in open session for a period of nearly two months, during which time they received important amendments and improvements, and were finally enacted into law.

The first of these acts is entitled "An act providing for the organization of courts in the Philippine Islands," and was approved June 11, 1901. By it complete provision is made for a system of judicial tribunals from the highest to the lowest to cover all parts of the archipelago that were subject to civil authority and were not specially excepted. It makes provision for three classes of courts: a Supreme Court to be located at Manila, courts of first instance, and courts of justices of the peace. In addition it leaves to the mayors of municipalities the powers conferred upon them by the municipal code to try offenses

crime by individuals and as a body for the quelling of insurrection or the suppression of general disorder. The act provides that the force in the different provinces may be brought together where necessary to assemble a considerable number in one body. The name of this force was later changed to "Philippine Constabulary." Provision was also made for assistant chiefs of the constabulary and for inspectors to supervise the manner in which the police services of the several municipalities are administered. This body of men thus provided has proven an extremely efficient force, and it is in consequence of its efficiency that the transfer of authority from the military to the civil authorities was possible of such speedy accomplishment. The local police force in the different municipalities, however, in many instances proved very inefficient. By act of June 1, 1903, the civil governor, or the provincial governor upon the approval of the civil governor, is authorized, whenever he deems it for the best interests of the public, to place the municipal police force under the direct control of the senior inspector of the Philippine constabulary.

The most interesting and probably the most important action taken by the Philippine commission relative to the actual performance of administrative duties was the passage by it, September 19, 1900, that is, only a few days after the organization of the commission as a legislative body, of an act putting into operation what is probably the most complete and rigid civil service system ever adopted. This act, while based upon the Federal act, goes much further than that law in a number of important respects. In

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